ON THE LEGITIMACY OF THE USE OF MILITARY FORCE BY FOREIGN STATES (THE SYRIAN CASE)
INTRODUCTION. Military interventions in Syria by the US and its allies confirm a tendency in the policy of Western countries to ignore international law and to act in accordance with the “rule of force”, without the sanction of the UN Security Council. Russia, as a state that respects its sovereignt...
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| Format: | Article |
| Language: | English |
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Moscow State Institute of International Relations (MGIMO)
2018-12-01
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| Series: | Московский журнал международного права |
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| Online Access: | https://www.mjil.ru/jour/article/view/273 |
| _version_ | 1797291505518379008 |
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| author | Mikhail N. Lysenko |
| author_facet | Mikhail N. Lysenko |
| author_sort | Mikhail N. Lysenko |
| collection | DOAJ |
| description | INTRODUCTION. Military interventions in Syria by the US and its allies confirm a tendency in the policy of Western countries to ignore international law and to act in accordance with the “rule of force”, without the sanction of the UN Security Council. Russia, as a state that respects its sovereignty and international law, does not accept this approach. Russia stands for diplomatic dialogue at all venues in order to stop destabilization in international relations, including the confrontation in Syria, and to find proper legal solutions. The article recommends specific options for such solutions.MATERIALS AND METHODS. The study relies on such legal sources as the UN Charter, generally recognized principles of international law, UN Security Council resolutions, the Joint Statement of the Presidents of Russia and the United States on Syria of November 11, 2017, the joint press conference of the Presidents of Russia and the United States in Helsinki on July 17, 2018 as well as scientific studies of Russian and foreign researches. The research involved general scientific and comparative legal and historical methods of study.RESEARCH RESULTS. The author concludes that the United States and its allies using military force in Syria act in violation of the UN Charter. Russia, on the contrary, uses its military contingent in Syria in full accordance with the provisions of the UN Charter on the collective self-defense, at the request of the legitimate government of Syria.DISCUSSION AND CONCLUSIONS. The author makes a concrete proposal for the search of a peaceful settlement in Syria on the basis of the Joint Statement, which was approved by the Presidents of Russia and the United States in November 11, 2017 following their meeting on the margins of the Asia-Pacific Economic Cooperation summit meeting in Danang, Vietnam. The author advocates that Russian and American experts jointly reconsider main elements of this document and provide an up-dated version with due account of new realities, and submit it to the UN Security Council for the adoption of a consensus resolution that would lay down the international legal framework for a peaceful settlement in Syria. |
| first_indexed | 2024-03-07T19:37:48Z |
| format | Article |
| id | doaj.art-8644eedde5424c72842b8d7fdc107255 |
| institution | Directory Open Access Journal |
| issn | 0869-0049 2619-0893 |
| language | English |
| last_indexed | 2024-03-07T19:37:48Z |
| publishDate | 2018-12-01 |
| publisher | Moscow State Institute of International Relations (MGIMO) |
| record_format | Article |
| series | Московский журнал международного права |
| spelling | doaj.art-8644eedde5424c72842b8d7fdc1072552024-02-29T08:19:19ZengMoscow State Institute of International Relations (MGIMO)Московский журнал международного права0869-00492619-08932018-12-0103657110.24833/0869-0049-2018-3-65-71258ON THE LEGITIMACY OF THE USE OF MILITARY FORCE BY FOREIGN STATES (THE SYRIAN CASE)Mikhail N. Lysenko0Moscow State Institute of International Relations (University) MFA RussiaINTRODUCTION. Military interventions in Syria by the US and its allies confirm a tendency in the policy of Western countries to ignore international law and to act in accordance with the “rule of force”, without the sanction of the UN Security Council. Russia, as a state that respects its sovereignty and international law, does not accept this approach. Russia stands for diplomatic dialogue at all venues in order to stop destabilization in international relations, including the confrontation in Syria, and to find proper legal solutions. The article recommends specific options for such solutions.MATERIALS AND METHODS. The study relies on such legal sources as the UN Charter, generally recognized principles of international law, UN Security Council resolutions, the Joint Statement of the Presidents of Russia and the United States on Syria of November 11, 2017, the joint press conference of the Presidents of Russia and the United States in Helsinki on July 17, 2018 as well as scientific studies of Russian and foreign researches. The research involved general scientific and comparative legal and historical methods of study.RESEARCH RESULTS. The author concludes that the United States and its allies using military force in Syria act in violation of the UN Charter. Russia, on the contrary, uses its military contingent in Syria in full accordance with the provisions of the UN Charter on the collective self-defense, at the request of the legitimate government of Syria.DISCUSSION AND CONCLUSIONS. The author makes a concrete proposal for the search of a peaceful settlement in Syria on the basis of the Joint Statement, which was approved by the Presidents of Russia and the United States in November 11, 2017 following their meeting on the margins of the Asia-Pacific Economic Cooperation summit meeting in Danang, Vietnam. The author advocates that Russian and American experts jointly reconsider main elements of this document and provide an up-dated version with due account of new realities, and submit it to the UN Security Council for the adoption of a consensus resolution that would lay down the international legal framework for a peaceful settlement in Syria.https://www.mjil.ru/jour/article/view/273syriaun chartermilitary forcelegitimate use of forceinternational lawrule of law |
| spellingShingle | Mikhail N. Lysenko ON THE LEGITIMACY OF THE USE OF MILITARY FORCE BY FOREIGN STATES (THE SYRIAN CASE) Московский журнал международного права syria un charter military force legitimate use of force international law rule of law |
| title | ON THE LEGITIMACY OF THE USE OF MILITARY FORCE BY FOREIGN STATES (THE SYRIAN CASE) |
| title_full | ON THE LEGITIMACY OF THE USE OF MILITARY FORCE BY FOREIGN STATES (THE SYRIAN CASE) |
| title_fullStr | ON THE LEGITIMACY OF THE USE OF MILITARY FORCE BY FOREIGN STATES (THE SYRIAN CASE) |
| title_full_unstemmed | ON THE LEGITIMACY OF THE USE OF MILITARY FORCE BY FOREIGN STATES (THE SYRIAN CASE) |
| title_short | ON THE LEGITIMACY OF THE USE OF MILITARY FORCE BY FOREIGN STATES (THE SYRIAN CASE) |
| title_sort | on the legitimacy of the use of military force by foreign states the syrian case |
| topic | syria un charter military force legitimate use of force international law rule of law |
| url | https://www.mjil.ru/jour/article/view/273 |
| work_keys_str_mv | AT mikhailnlysenko onthelegitimacyoftheuseofmilitaryforcebyforeignstatesthesyriancase |